1. MESSAGE CONTENTS AND ANTI SPAMMING POLICY
1.1 CLIENT will be solely responsible for any legal liability arising out of or relating to the CLIENT Content and CLIENT Services (whether transmitted on its own or on any Third Party’s behalf). If GMT is notified or otherwise becomes aware of CLIENT Content which violates the requirements of this Agreement, GMT may (but shall not be required to) investigate the allegation and determine, in its sole discretion, whether to remove or to request removal of such CLIENT Content from the CLIENT Services. If CLIENT refuses such request, GMT may (but shall not be required to), in its sole discretion immediately block CLIENT Content, suspend CLIENT Services, or terminate this Agreement. GMT shall not be liable for any damages incurred by CLIENT because of any such action.
1.2 CLIENT will ensure that it’s collection, access, use and disclosure of End-user information shall comply with all application foreign, federal, state, and local laws, rules and regulations as they may be amended from time to time, laws governing marketing by telephone, direct mail, obligations hereunder and make available the CLIENT Services in such a manner as not to cause GMT to be in material violation of any applicable laws or regulations, including any Privacy Laws. For purposes of its obligations under this Section 1.2 the acts or omissions of agents, representatives, contractors, or subcontractors) shall also be deemed the acts or omissions of CLIENT.
1.3 CLIENT agrees that CLIENT and its Third Party Providers will not offer or provide CLIENT Services that:
1.3.1 Transmit or allow to be transmitted any CLIENT Content that violates the requirements of any Service or Network Operator through which CLIENT Content is transmitted;
1.3.2 Transmit or allow to be transmitted any CLIENT Content that is false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
1.3.3 Transmit or allow to be transmitted any CLIENT Content that harms minors in any way;
1.3.4 Transmit or allow to be transmitted any CLIENT Content that it does not have a right to make available under any law or under contractual or fiduciary relationships;
1.3.5 Transmit or allow to be transmitted any CLIENT Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy of any party;
1.3.6 Utilize any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, or any other forms of solicitation;
1.3.7 Violate the standards of practice set forth by the Mobile Marketing Association;
1.3.8 Transmit or utilize any (a) viruses, worms, Trojan horses, or other code that might disrupt, disable, harm, erase memory, or otherwise impede the operation, features, or functionality of any software, firmware, hardware, wireless device, computer system or network, (b) traps, time bombs, or other code that would permit any third party to interfere with or surreptitiously access any End-user personal information, or (d) content that causes disablement or impairment of GMT or Network Operator services or equipment.
2. SUSPENSION OF SERVICES
2.1 GMT may – in its sole discretion – suspend provision of any or all of the GMT Services at any time in the event that:
2.1.1 GMT is entitled to terminate this Agreement;
2.1.2 GMT is obliged or advised to comply with an order, instruction, directive or request of a Government Body or Network Operator which necessitates that it do so, in the judgment of GMT;
2.1.3 GMT has reason to believe that the CLIENT is in breach of any of its obligations under this Agreement;
2.1.4 One or more of the Service or Network Operators upon which the provision of GMT Services hereunder is dependent suspends its provision of those services to GMT’s client or GMT; or
2.1.5 Any payment due to GMT hereunder is not paid after the due date for payment.
2.1.6 GMT reserved the rights to immediately terminate any client’s account without due notice if GMT found that CLIENT does not comply with the section 1. If such incident happens, there be will no refund of any unused credits.
3. GMT SUPPORT, SYSTEM, MAINTENANCE
3.1 GMT will provide the web application link, username and password required to use the messaging service to the CLIENT.
3.2 GMT will use commercially reasonable efforts to make its appropriate technical personnel available to CLIENT to assist as needed to resolve any network problem within targeted resolution period.
3.3 All problems reported shall be in English unless otherwise agreed to in writing by the Parties.
3.4 GMT does not provide service to send out the messages to the mobile users on behalf of the CLIENT. The end users will send out the messages via the web applications or web API provided by GMT. Unless CLIENT has written consent that GMT will provide the service to send their messages on behalf of the CLIENT which or may not if required to sign a copy of mutual non-disclosure agreement.
3.5 GMT shall notify CLIENT of scheduled maintenance of the messaging platforms or Networks. GMT will use commercially reasonable efforts to notify CLIENT of schedule downtime outside its maintenance windows.